In what type of democracy are the legislative and executive branches separate?

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The doctrine of the separation of powers in the Westminster system is usually regarded as one of the most fundamental tenets of liberal democracy.

The doctrine of the separation of powers divides the institutions of government into three branches: legislative, executive and judicial: the legislature makes the laws; the executive puts the laws into operation; and the judiciary interprets the laws. The powers and functions of each are separate and carried out by separate personnel. No single agency is able to exercise complete authority, each being interdependent on the other. Power thus divided should prevent absolutism (as in monarchies or dictatorships where all branches are concentrated in a single authority) or corruption arising from the opportunities that unchecked power offers. The doctrine can be extended to enable the three branches to act as checks and balances on each other. Each branch’s independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights.

Under the Westminster System – the parliamentary system of government Australia adopted and adapted from England – this separation does not fully exist and the doctrine is not exemplified in the constitutions of the Australian states. However in Australia the three branches exist: legislature in the form of parliaments; executive in the form of the ministers and the government departments and agencies they are responsible for; and the judiciary or the judges and courts. However, since the ministry (executive) is drawn from and responsible to the parliament (legislature) there is a great deal of interconnection in both personnel and actions. The separation of the judiciary is more distinct.

If the object of separation of powers is to develop mechanisms to prevent power being overly concentrated in one arm of government, then in practice in Australia mechanisms for avoiding the over-concentration of power exist in many ways – through constitutions and conventions; the bicameral system; multiple political parties; elections; the media; courts and tribunals; the federal system itself; and the active, ongoing participation of citizens.

• Origins of the Doctrine
• The Doctrine in Australia - the Commonwealth
• The Doctrine in Australia - the States
  

To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches.

Learn About:

The legislative branch is made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies. The following are legislative branch organizations:

• Architect of the Capitol (AOC)
• Center for Legislative Archives, National Archives and Records Administration
• Congressional Budget Office (CBO)
• Government Accountability Office (GAO)
• Government Printing Office (GPO)
• Library of Congress (LOC)
• Office of Compliance
• U.S. Senate

The executive branch consists of the President, his or her advisors and various departments and agencies. This branch is responsible for enforcing the laws of the land. The following are executive branch organizations and agencies:

• Executive Office of the President (White House)
• The President's Cabinet (Federal Agencies)
• Independent Federal Agencies and Commissions
• USAGov
• The Federal Information Center (FIC)
• USA Jobs

The judicial branch consists of the U.S. Supreme Court and the Federal Judicial Center. According to the Constitution, "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Federal Judicial Center is the education and research agency for the federal courts.

Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches. 

The Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial Branch exercises judicial review. 

Further Reading

For more on separation of powers, see this Florida State University Law Review article, this Cornell Law Review article, and this Northwestern University Law Review article.  

Which democracy has a separate legislative and executive branch?

Are the legislative and executive branches separate and independent?

What is the form of government where the executive and legislative powers are separate and independent from one another and are co equal?

What form of government is characterized by the separation of powers?